Questions and Answers on the Eligibility of Students for Assisted ...

Group 3: Applicability, Eligibility, Recertifications, Termination of Assistance,
TRACS, Tenant Notifications <strong>and</strong> Rights
Category Question Answer
TRACS
TRACS
Notification
Procedures
Applicant/
Tenant
Rights
Federally M<strong>and</strong>ated
Exclusion
Model Leases
Will new HUD-50059 codes be issued
to designate a household where
assistance has been terminated because
a household member is an ineligible
student? If not, what code should be
used?
Should owners continue using the
Special Status Code “S” on the HUD-
50059 to designate full-time student
status?
Will HUD be providing any resident
notification procedures for owners or
management agents to use when
implementing sections 5.609(b)(9) or
5.612 to inform current residents of the
potential loss of subsidy?
Is there any process for students to
appeal the owner’s or management
agent’s decision under these
regulations?
How does 5.609(b)(9) affect the
Federally m<strong>and</strong>ated exclusion of
“Amounts of scholarships funded under
title IV of the Higher Education Act of
1965,” including awards under federal
work-study programs or under the
Bureau of Indian Affairs student
assistance programs (20 U.S.C.
1087uu)?
Is HUD going to be adding language to
the model leases to cover these
requirements?
Yes. New HUD-50059 eligibility codes
will be added in the future. Until such
time as a new code is established in
TRACS, owners should use the current
code “TI = Equals/Exceeds Gross Rent”
when terminating the assistance of
households where a member of the
household is an ineligible student.
Yes. The Special Status Code “S”
should continue to be used for full-time
students over the age of 18 who live in
assisted housing with their parents who
are receiving section 8 assistance.
No. HUD will not be providing owners
or management agents with resident
notification procedures.
Owners are required to provide
applicants the opportunity to meet with
them to discuss any rejection for
admittance. Tenants are to be provided
the same opportunity when notified that
their assistance is being terminated. See
paragraphs 4-9 <strong>and</strong> 8-6 of H<strong>and</strong>book
4350.3 REV-1, Occupancy
Requirements for Subsidized
Multifamily Housing Programs, the
HUD Model Lease for Subsidized
Programs <strong>and</strong> the Model Lease for
Section 202/8.
5.609(b)(9) does not apply to
individuals applying for or receiving
section 8 assistance. The Federally
m<strong>and</strong>ated exclusion continues to be in
effect for other Multifamily Housing
programs.
No. The HUD model leases will not be
revised to include the student eligibility
requirements.
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